Alimony Modification

[Cheryl3700]

What is the name of your state? CT

My husband is paying alimony to his X. Although he should never of agreed to it. She makes more than him in gross proceeds from her business - however her net income is low after business deductions. She recently took in both her parents, they paid for an addition to the house with some of the substantial proceeds from the sale of their home. She also took in her adult daughter. I found this about CT law on this subject:

Effect of Cohabitation on the Payment of Alimony
In DeMaria v. DeMaria, 247 Conn. 715 (Feb. 16, 1999), the Supreme Court (Katz, J.) ruled that a provision to terminate alimony in the event of a recipient's cohabitation must be interpreted in conjunction with the requirements of Conn. Gen. Stats. Section 46b-86(b). The statute allows the court to modify an alimony order on grounds that the recipient is "living with another person" only if the new living arrangement causes a change of circumstances so as to alter the financial needs of that party. The Supreme Court ruled that a trial court must evaluate the financial impact of the living arrangement regardless of the terms of the separation agreement and decree. A party seeking modification upon the ground of cohabitation must therefore plead and prove "altered financial needs."

Could this change in the home of his X constitute substantial change? - If it does, then I understand that the same criteria would be used to determine a new award that would of been used in the initial decision if hubby hadn't agreed to it. Thanks!

[LdiJ]

Originally Posted by Cheryl3700

What is the name of your state? CT

My husband is paying alimony to his X. Although he should never of agreed to it. She makes more than him in gross proceeds from her business - however her net income is low after business deductions. She recently took in both her parents, they paid for an addition to the house with some of the substantial proceeds from the sale of their home. She also took in her adult daughter. I found this about CT law on this subject:

Effect of Cohabitation on the Payment of Alimony
In DeMaria v. DeMaria, 247 Conn. 715 (Feb. 16, 1999), the Supreme Court (Katz, J.) ruled that a provision to terminate alimony in the event of a recipient's cohabitation must be interpreted in conjunction with the requirements of Conn. Gen. Stats. Section 46b-86(b). The statute allows the court to modify an alimony order on grounds that the recipient is "living with another person" only if the new living arrangement causes a change of circumstances so as to alter the financial needs of that party. The Supreme Court ruled that a trial court must evaluate the financial impact of the living arrangement regardless of the terms of the separation agreement and decree. A party seeking modification upon the ground of cohabitation must therefore plead and prove "altered financial needs."

Could this change in the home of his X constitute substantial change? - If it does, then I understand that the same criteria would be used to determine a new award that would of been used in the initial decision if hubby hadn't agreed to it. Thanks!

First, her gross receipts are not her income. Only her net income is available to pay her living expenses.

Second, I think its really stretching it to say that living with her parents and her child is cohabitation.

[BethM]

Could this change in the home of his X constitute substantial change?

Sure it could, but not in the way you are wishing. Her parents "substantial proceeds" have nothing to do with her income. Even if they help her with utilities, groceries and other household expenses it still does not change her net income and if they are helping her in some way it would not be considered income. In reality, the woman has taken on more of a burden by taking in her parents and daughter.

You need to face facts...your husband agreed to alimoney, probably because he was told by an attorney that a judge would order it. He agreed to it, is responsible for it and no amount of fishing you do is going to put a stop to something that was agreed upon between your husband and his ex wife.

Learn to budget around it. She got the money, you got the man. In my opinion, you got the better deal.

[Cheryl3700]

OK - I'll stop fishing, it would be easier to take IF she really deserved it. But he stupidly agreed back then. Even though, she takes in way more $ than my hubby and all tax free as she claims everything under the sun against her business income bringing about 45k down to 11k. Not fair but on the books her income is less than my hubby's. Not substantial as he only makes about 28k. In any event since his payments are low and only for a few more years, guess he'll have to let it go. ARG. Cheryl